Definition of
Peculation
The term peculation used in the field of right to name the crime which occurs when a person he keeps the public money that he had to manage. Embezzlement, therefore, is part of what is commonly known as corruption.
Whoever commits this crime steals funds that belong to the State and that, in theory, it should manage. The concept comes from peculium (whose etymological origin is found in the Latin peculium), which is the capital that a person granted to his descendant or his servant so that they could make use of it.
- Misuse of state resources
- Differences between embezzlement and other types of theft
- Related Topics Tree
Misuse of state resources
The person who commits this offense betrays the trust of the state, whose authorities entrusted him with some type of function and gave him access to public resources. Embezzlement sometimes does not specifically refer to the theft of moneybut it can also take place when the official in question makes use of certain objects that, in reality, should be available for the common good.
For example: “The Secretary of the Environment was denounced for embezzlement”, “The embezzlement was confirmed when the investigators managed to demonstrate that the minister used public facilities for personal parties”, “The manager of the state telephone company attributed the financial problems to embezzlement committed by some executives”.
It can serve you: Official
Differences between embezzlement and other types of theft
What differentiates embezzlement from other types of robberies or scams, in short, is that the criminal is someone who exercises public functions and who appropriates state resources that he should have guarded and manage, abusing his position. This particularity, of course, aggravates the condition of the heist.
According to him Code Colombian Penal Code, to mention one case, the following types of embezzlement are recognized:
* by appropriation: when a public servant appropriates state assets, companies or institutions in which he participates, private assets that have been entrusted to him or parafiscal funds and allocates them for his personal benefit. In this case, the penalty may be a minimum of six years in prison or a fine for the value of what was stolen, in addition to being deprived of his position and his public rights for a period equivalent to that of imprisonment;
* by use: if an employee makes use or allows the improper use of state assets or companies in which it participates, as well as assets that it is managing or guarding by reason of its functions. The minimum prison term for this type of embezzlement is one year, equal to the ban on holding public office. The case of whoever takes advantage of official services or allows others to do so also belongs to this crime;
* due to someone else’s mistake: unlike the two previous cases, this type of embezzlement occurs when, for mistake, a third party grants a public servant certain assets that do not correspond to him and he uses them for purposes other than those legally provided. It is punishable by one year in prison and interdiction of public functions and rights, as well as a fine (if there is no retention or appropriation, the penalty is reduced by half);
* by different official app: as mentioned above, embezzlement does not always consist in the use of public goods to satisfy needs or personal whims. Precisely, in this case, a public employee uses the assets (or the companies whose custody or administration has been entrusted to him by reason of his functions) for purposes other than those officially established, or else follows the orders regarding their use but commit amounts higher than those set in the budget. The penalty consists of a minimum of six months in prison, one year of interruption from the exercise of public functions and a fine.
See also: Criminal process